Category Archives: Fourth Amendment

The Government Is Probably Going to Win on the Michael Cohen TRO Motion

The government filed its opposition to Michael Cohen’s motion for a temporary restraining order today. I wrote earlier this week about the search warrant and noted that there would be a court battle coming. Well, here it is. Oddly, the … Continue reading

Posted in Attorney client privilege, FBI policy and practice, Fourth Amendment, Grand jury, Search warrant | Leave a comment

The Government Keeps Trying to Erase Its Wrongdoing

A few months ago, I wrote about the successful effort by a U.S. Attorney’s Office to convince the First Circuit to remove the name of a prosecutor involved in a case about Brady violations. Now, in a case in Philadelphia, … Continue reading

Posted in Brady violations, Dismissal of charges in indictment, Fourth Amendment, Policy issues | Leave a comment

Update on the Hedge Fund Founder David Ganek’s Lawsuit Against Preet Bharara

A few weeks ago, I wrote about the lawsuit filed by Level Global founder David Ganek. Mr. Ganek sued Preet Bharara, the former U.S. Attorney for the Southern District of New York, as well as other prosecutors and agents, claiming … Continue reading

Posted in Appeal, civil case, DOJ policy and practice, Fourth Amendment | 1 Comment

Fight the Power, Part III: The David Ganek Complaint

In Part I of the series, I introduced the idea that defense counsel are increasingly fighting back against DOJ in creative ways. In Part II, we talked about Sheldon Silver and his defense counsel’s efforts to use DOJ’s very public … Continue reading

Posted in civil case, DOJ policy and practice, Fifth Amendment, Fourth Amendment, Insider Trading, Prosecutorial misconduct, Search warrant, Securities fraud | Tagged | 3 Comments

An Appeals Court Finally Takes a Practical Approach to Sentencing in Government Contracting Case (and an Interesting 4th Amendment Issue)

Loss calculation drives sentencing decisions in many white-collar cases. The higher the loss amount, the longer the sentence.Courts usually take an expansive view of what counts as a “loss” for sentencing. In a recent Third Circuit case, however, the court … Continue reading

Posted in Fourth Amendment, Government contracting fraud, Sentencing | Tagged | 2 Comments

This Shouldn’t Be News: Second Circuit Affirms that Government Needs Warrant to Seize Property

The government’s aggressive methods to seize a defendant’s assets before he is convicted of a crime hinders a defendant’s ability to choose—and pay for—his lawyer. A recent Second Circuit case limits the government’s ability to do so. It is based … Continue reading

Posted in Appeal, Criminal Forfeiture, Fourth Amendment, Wire Fraud | Leave a comment

Great Decision on Loss Amount Calculation in Government Contracting Fraud Case

The calculation of loss amount drives sentencing decisions in many white collar cases. The higher the loss amount, the longer the sentence. Courts always seem to take an expansive view of what counts as a “loss” for sentencing. In a … Continue reading

Posted in Appeal, Fourth Amendment, Government contracting fraud | Tagged | 1 Comment

The Government Cannot Keep Seized Evidence Forever: Second Circuit Decision on Electronic Data

On June 25, 2014, the United States Supreme Court issued a unanimous opinion in Riley v. California, holding that the government generally cannot conduct a warrantless search of a suspect’s cellphone. The decision was front-page news. Most precedent about warrants … Continue reading

Posted in Appeal, Fourth Amendment, Search warrant, Tax fraud | Leave a comment